soima11-ethicsbesser.tsoa.nyu.edu/howard/talks/11soima-ethics.pdf · the conservation of artistic...

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Besser-SOIMA 2011-Ethics

Ethics & Moving Image Preservation

Howard Besser NYU Moving Image Archiving & Preservation

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•  Excerpts of what we teach –  Illustrate some issues where ethics is important

•  Ethics in related Professions –  Brief summary of what we can learn from FIAF, ALA,

AMIA, SAA –  What kinds of protections does an Ethics policy offer?

•  Sample Ethics-related Scenarios •  Conclusions

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MIAP-formal study of Ethics

•  Intro class – Perspectives on Collecting, Conservation, &

Preservation – Professionalism and traditions from related

professions •  But most close study occurs in Institutions

Class (won’t discuss today)


MIAP Intro Class-Ethics readings •  "Why Ethics?" in Marie Malaro, Museum Governance: Mission,

Ethics, Policy, pages 16-21 •  A Code of Ethics for Archivists with Commentary (SAA) •  AIC Code of Ethics and Standards of Practice (American Institute for

the Conservation of Artistic and Historic Works) •  International Federation of Film Archives (FIAF) Code of Ethics •  Edmondson, Ray. Audiovisual archiving: Philosophy and Principles.

Paris: UNESCO, April 30, 2004 June (CI/2004/WS/2) •  Edmondson, Ray. "You Only Live Once: On Being a Troublemaking

Professional", The Moving Image 2:1 (Spring 2002), pp 175-183

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MIAP Intro Class-Ethics discussion questions

•  What are ethical considerations are fundamental to our work as moving image archiving and preservation specialists?

•  Extensive questions to ponder Issues of evidence and authenticity Issues of representation

•  How do reformatting and multiple formats of the same work change how we look at a work? (e.g., are videos the same as films? Are digital photographs the same as analog photos?)

•  Is there a social context to viewing an object? (is viewing a video at home the same as viewing a film in a theater? Is viewing a mural on a screen the same as viewing it in-situ?)

•  Who attributes value to a work, and under what circumstances? How does one deal with the different values that different communities may have towards any particular set of works?

•  Are there ethical considerations in format conversions (e.g., film colorization, pan-and-scan?)

•  How do politics affect cultural heritage institutions as they strive to serve new audiences? (the Enola Gay incident?)


MIAP Intro Class-Topics in past decade

•  Screensound/NFSA Australia put under control of Australian Film Commission (2003)

•  Changing Directions at BFI •  Copyright

–  Orphan Works –  Digital Preservation exceptions

•  Smithsonian/Showtime- •  Star Wars restoration-

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AMIA on Smithsonian/Showtime May 24, 2006

The Honorable Lawrence M. Small Secretary of the Smithsonian Institution 100 Jefferson Drive, SW Washington, D.C. 20560

Dear Secretary Small: On behalf of the Association of Moving Image Archivists (AMIA) Board of

Directors, I am writing to you regarding the creation of Smithsonian Networks, the contractual arrangement recently made between the Smithsonian Institution's Business Ventures Unit and Showtime Networks. Based on the information AMIA has received from press releases, news reports and the moving image archival community, we are concerned that this arrangement may negatively affect the preservation and use of our shared moving image heritage.


Star Wars “restoration” •  "The new technologies give Lucas the freedom to make the

movie the way he wanted it," he added. •  The new scenes, he said, did change the movie. •  In one of the new scenes in Star Wars: Special Edition,

Greedo, the bounty hunter, fires first before Solo kills him. •  "Han Solo's character is definitely changed by the new

scenes. In the original, Solo is seen as a dark character, when he shoots the bounty hunter without provocation, he doesn't seem like such a nice guy," Trimble said.

Michael Miller, “New scenes, restoration draw more people to theaters to explore the Force of Star Wars”, Digital Collegian (Penn State U), Feb 21, 1997

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Star Wars “restoration”�The Empire Strikes Back

•  1980, Emperor voice by Clive Revill

•  2004, Emperor voice by Ian McDiarmid

•  http://en.wikipedia.org/wiki/List_of_changes_in_Star_Wars_re-releasess


Star Wars “restoration”�Return of Jedi

•  In Darth Vader's final scene, when he is not wearing his helmet, the eyebrows of actor Sebastian Shaw have been digitally removed, indicating what happens to Anakin's eyebrows when he gets burned on Mustafar (shortly after a duel with Obi-Wan) in Revenge of the Sith. His eyes have also been changed to blue and minor cosmetic alterations have been made to his face to better resemble the Anakin portrayed by Hayden Christensen in the prequel trilogy.

•  In the final scene where the spirits of Anakin Skywalker, Obi-Wan Kenobi, and Yoda appear to Luke, Anakin is now played by Hayden Christensen rather than Sebastian Shaw.

http://en.wikipedia.org/wiki/List_of_changes_in_Star_Wars_re-releasess

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Sometimes even the Director wants to go back and change their original film


Star Wars 1977 vs 2004

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Previous Ethical Issues-

•  Colorizing •  Re-releasing lost footage •  Adding sound to silent film •  Dealing with changes in Aspect Ratio

Besser-SOIMA 2011-Ethics 13 Besser-SOIMA 2011-Ethics

Is this ok?

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Colorizing if Director wanted it?

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Metropolis

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Silent Film (with piano?)


Silent Film (with orchestra?)

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How do we save widescreen?


Anamorphic (wikipedia)

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Commercial Reformatting Issues:�PR at 1967 re-issue of GWTW

•  “Spherical Blow-Up” •  “In the Splendor of 70mm. Wide screen and full

stereophonic sound!” •  “For the thousands who remember its unparalleled drama,

action and romance! For the new thousands to whom the wonders will be revealed for the first time! Breathtaking spectacle, inspired acting by the greatest cast ever assembled! The screen's most exciting love story! The most-talked about picture ever made!”

•  http://www.imdb.com/title/tt0031381/taglines


But most people didn’t know that 70mm widescreen is different shape than 35mm

normal

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Change in Aspect Ratio forces cutting

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Pan and Scan example

•  7 Brides for 7 Brothers, Stanley Donen, MGM, 1954 from http://en.wikipedia.org/wiki/Pan_and_scan

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This meant eliminating part of the frame


Eliminating even in famous scenes

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But the re-release wasn’t governed by artistic concerns

•  Intellectual Property is owned by MGM, not by Fleming or Selznick

•  MGM is motivated maximizing profit, not in maintaining artistic integrity

•  Bigger is always better

•  Not radically different than another blow to artistic integrity/originality in Atlanta 20 years later…


Other professionals-

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Policemen


Policemen

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Firemen


Firemen

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Doctors


Doctors

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Journalists don’t hand over sources/videos�

even go to jail

•  Josh Wolf •  BALCO


Would we expect any of these professionals to just pass by a�Car Accident

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Other Professions’ Ethics Policies-


FIAF Code of Ethics •  Film archives and film archivists are the guardians of the world's

moving image heritage. It is their responsibility to protect that heritage and to pass it on to posterity in the best possible condition and as the truest possible representation of the work of its creators

•  Film archives owe a duty of respect to the original materials in their care for as long as those materials remain viable. When circumstances require that new materials be substituted for the originals, archives will retain a duty of respect to the format of those originals.

•  Film archives recognise that their primary commitment is to preserve the materials in their care, and - provided always that such activity will not compromise this commitment - to make them permanently available for research, study and public screening.

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FIAF Code of Ethics

•  The Rights of the Collection •  The Rights of Future Generations •  Exploitation Rights •  Rights of Colleagues


SAA-Code of Ethics for Archivists

•  Professional Relationships •  Judgment •  Trust •  Authenticity and Integrity •  Access •  Privacy •  Security/Protection •  Law

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SAA-Ethics Code Excerpts •  Respect and cooperation form the basis of all professional relationships with colleagues

and users. •  exercise professional judgment ... should not allow personal beliefs or perspectives to

affect their decisions. •  Archivists should not profit or otherwise benefit from their privileged access to and

control of historical records and documentary materials. •  preserve and protect the authenticity of records in their holdings by documenting their

creation and use ... have a fundamental obligation to preserve the intellectual and physical integrity of those records. ... Archivists may not alter, manipulate, or destroy data or records to conceal facts or distort evidence.

•  promote open and equitable access to their services and the records in their care without discrimination or preferential treatment, and in accordance with legal requirements, cultural sensitivities, and institutional policies. ... to promote the use of records as a fundamental purpose of the keeping of archives. Archivists may place restrictions on access for the protection of privacy or confidentiality of information in the records.

•  Archivists protect the privacy rights of donors and individuals or groups who are the subject of records. They respect all users’ right to privacy

•  protect all documentary materials ... guard them against defacement, physical damage, deterioration, and theft. 41 Besser-SOIMA 2011-Ethics

ALA Code of Ethics

•  Service •  Intellectual Freedom •  Privacy & Confidentiality •  IP •  Respect for Colleagues •  Users, Colleagues, & Institution above Private

Interests •  Don’t let own personal belief interfere •  Strive for excellence in the profession

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IASA: �Ethics and Sound and Audiovisual Archives�

•  http://www.iasa-web.org/ethical/2-ethics-and-sound-and-audiovisual-archives

Besser-SOIMA 2011-Ethics 43

International Oral History Association—Ethics & ©�

http://www.iohanet.org/resources/ethics.html

•  Oral History Society UK Copyright and Ethical Guidelines: http://www.ohs.org.uk/ethics/index.php

•  Oral History Association of Australia Guidelines of Ethical Practice: http://www.ohaa.net.au/guidelines.htm

•  Centre for Popular Memory, South Africa, Interview Ethics: http://www.popularmemory.org.za/ Besser-SOIMA 2011-Ethics 44


Purpose of an Ethics Policy

•  It introduces new members of the profession to those standards, reminds experienced archivists of their professional responsibilities, and serves as a model for institutional policies. It also is intended to inspire public confidence in the profession

•  This code provides an ethical framework to guide members of the profession. It does not provide the solution to specific problems.

-SAA Ethics Preamble 45 Besser-SOIMA 2011-Ethics

What does an Ethics Policy Offer us?

•  Helps codify the field, and shows how we are different than others.

•  Adds to the public perception that we are actually a profession (both respect and salary considerations).

•  Supports a working professional who disagrees with an administrative decision that violates ethical considerations

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Sample scenario #1

•  You work in a large institution of mixed materials. An Administrator’s Assistant sends you email asking you to send an old film for screening for a potential donor. But that film is the only copy and isn’t in the best condition. Do you stand up to the Administrator and say that the film can’t be screened until preservation work is done?


Sample Scenario #2

•  A close friend of an Administrator in your organization is involved in a messy divorce. Some reality footage in your collection could prove harmful to their divorce case. The Administrator orders you to destroy the footage. What do you do?

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Sample Scenario #3

•  A Director wants to re-edit a film he made 30 years ago. He requests an original negative and elements from your collection. After he re-edits it, he wants you to destroy the old version and replace it with a pristine new negative of the re-edited film. Do you agree to this?


Examples from other professions

•  SAA & Showtime, US Archivist selection •  ALA spending millions of dollars funding

lawsuits against barriers to access (CIPA, COPA)

•  ALA and privacy concerns-

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Librarian are really Activists, & elicit anger from Legal Authorities


Librarians Protect Patron Records (1/3)

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Librarians standing up for Principles have Angered Commercial Interests-


Pat Schroeder's New Chapter: �The Former Congresswoman Is Battling For

America's Publishers --Washington Post, 2/7/01 •  ...Schroeder is president of the Washington- and New York-based Association of

American Publishers, sponsor of the event. Like a nurturing shepherd, she moves gently among her flock. But when she talks about threats to the group, she stiffens her back.

•  And who, you might be wondering, is giving Schroeder and her publishers such a fright?

•  Librarians, of course. •  No joke. Of all the dangerous and dot-complex problems that American publishers face

in the near future -- economic downturns, competition for leisure time, piracy -- perhaps the most explosive one could be libraries. Publishers and librarians are squaring off for a battle royal over the way electronic books and journals are lent out from libraries and over what constitutes fair use of written material.

•  Grossly oversimplified: Publishers want to charge people to read material; librarians want to give it away.

•  "We," says Schroeder, "have a very serious issue with librarians."

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Publishers Accuse Librarians

•  "They've got their radical factions (librarians), like the Ruby Ridge or Waco types," who want to share all content for free, said Judith Platt, a spokeswoman for the Association of American Publishers.

•  -ZDNet News, July 12, 2001


What does an Ethics Policy Offer us?

•  Helps codify the field, and shows how we are different than others.

•  Adds to the public perception that we are actually a profession (both respect and salary considerations).

•  Supports a working professional who disagrees with an administrative decision that violates ethical considerations

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•  http://www.fiafnet.org/uk/members/ethics.cfm •  http://www.archivists.org/governance/handbook/app_ethics.asp •  http://aic.stanford.edu/pubs/ethics.html

•  http://www.firstmonday.org/issues/issue7_6/besser/ •  http://unesdoc.unesco.org/images/0013/001364/136477e.pdf

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